seperation Flashcards
what are the four types of voluntary separation
Retirement
Resignation
Redundancy
what are the two types of involuntary separation
- dismissal
- redundancy
- Retrenchment
what is retirement (voluntary)
occurs when an employee decides to give up full-time or part-time work and no longer be part of the labour force
what is resignation (voluntary)
Resignation is a voluntary ending of the employment relationship. People resign for a variety of reasons including:
- an offer of a promotion with another business
- to start their own business
- feelings of boredom with their present job
- the desire for a change of lifestyle.
what is retrenchment (involuntary)
When an employer dismisses an employee because there is not enough work to justify paying them
what is dismissal (involuntary)
When the employer terminates an employee’s employment contract due to the employee’s performance being unacceptable
what is redundancy - involuntary
When an employee’s job no longer needs to be performed and they are asked to leave
what is redundancy - voluntary
when an employer offers an employee a redundancy package that they can accept resulting in voluntary separation
what is unfair dismissal
Suppose an employee is not performing their job satisfactorily or behaves inappropriately. In that case, the employer must provide counseling and explain clearly which actions are unacceptable and how to improve.
legal requirements for dismissal
There is no legal requirement that an employer must give unwritten warnings about poor performance of conduct but can help add significance if the employee decides to take the case to court
classification for employee dismissal casual
This type of employee can be dismissed at one hours notice
classification for employee dismissal -probation
- During probationary periods (which are up to 6 months) employees can be dismissed with a minimum of formality
- The employer must also be offered some counseling with advice on how to improve. If there is no appreciable improvement the employee can be dismissed on notice
classification for employee dismissal -temporary employees
It is possible to terminate a temporary employee before the set time has expired as long as the legislative requirements are followed
classification for employee dismissal - fixed term contract
Here, the length of employment is fixed and at the end of the term their contract expires resulting in the dismissal
classification for employee dismissal - permanent
To dismiss a permanent employee the employer must provide warnings and counseling if there is no improvement a final warning should make it clear that the employee position in jeporadary